R307-1-3*. Control of Installations.

3.1* Notice of Intent and Approval Orders

3.1.1* Except for the exemptions listed herein, any

person planning to construct a new installation which 

will or might reasonably be expected to become a source 

or an indirect source of air pollution or to make 

modifications or relocate an existing installation which 

will or might reasonably be expected to increase the 

amount or change the effect of, or the character of, air 

contaminants discharged, so that such installation may be 

expected to become a source or indirect source of air 

pollution, or any person planning to install an air

cleaning device or other equipment intended to control 

emission of air contaminants from a stationary source, 

shall submit to the Executive Secretary a notice of

intent and receive an approval order prior to initiation 

of construction, modification or relocation. The notice 

of intent shall include plans, specifications and such 

other information as is necessary to determine whether 

the proposed construction, installation, modification, 

relocation or establishment will be in accord with 

applicable requirements of these regulations as he deems 

necessary to review the proposal. Within 30 days after 

receipt of a notice of intent, or any additional 

information necessary to the review, the Executive 

Secretary shall advise the applicant of any deficiency in 

the notice or the information submitted. The Executive 

Secretary shall transmit to the Administrator, EPA, a 

copy of each notice of intent for each major source or 

major modification and provide notice to the 

Administrator, EPA, of every action related to the 

consideration of such permit. 

3.1.2* Within 90 days of receipt of all plans, 

specifications and other information required under this 

subsection 3.1, the Executive Secretary shall issue an 

order prohibiting the proposed construction, 

installation, modification, relocation or establishment 

if he deems any part of it inadequate to meet the 

applicable requirements of these regulations. If more 
time is needed to review the proposal it shall not exceed 

three 30-day extensions.

3.1.3* Prior to issuing an approval or disapproval order, 

the Executive Secretary shall advertise his intent to 

approve or disapprove in a newspaper of general 

circulation in the locality of the proposed construction, 

installation, modification, relocation or establishment. 

A copy of the notice of intent to approve or disapprove 

shall be sent to the applicant, the Administrator, EPA 

and to officials and agencies having cognizance over the 

location where the proposed construction would occur as 

follows: any other state or local air pollution control 

agencies, the chief executives of the city and county 

where the source would be located; any comprehensive 

regional land use planning agency, and any State, Federal 

Land Manager, or Indian Governing body whose lands may be 

affected by emissions from the source or modification. 

Any expected degree of consumption of the maximum 

allowable increases as stated in subsection 3.6 and

proposed emission and/or operating limitations shall be 

included in the notice. The Executive Secretary shall 

consider any analysis performed by a Federal Land Manager 

and provided to the Executive Secretary within the public 

comment period. If the Executive Secretary concurs with a 

demonstration of the Federal Land Manager that the 

emissions from the proposed source or modification would 

have an adverse impact on the air quality related values 

(including visibility) in any Federal Class I area,

notwithstanding that the change in air quality resulting 

from emissions from such source or modification would not 

cause or contribute to concentrations which would exceed 

the maximum allowable increases, the Executive Secretary 

shall not issue an approval order for the source or

modification.

At least one location will be provided where the 

information submitted by the owner or operator and the 

State’s analyses of the proposal will be available for 

public inspection. A 30-day period shall be allowed for 

submission of public comment. If requested within 15 days 

of publication of notice, a hearing shall be held in the 
area of the proposed construction, installation, 

modification, relocation or establishment. Any comments 

or statements received shall be considered before an 

order is issued. The public comment and hearing procedure 

shall not be required when an order is issued for the 

purpose of extending the time to review plans and 

specifications.

3.1.4* Whenever the Executive Secretary determines that 

the plans, specifications and other information 

submitted, with such revisions as he may require, are in 

accord with applicable requirements, he shall issue an 

order permitting the proposed construction, installation, 

modification, relocation or establishment, with the

further stipulation that all required facilities be

adequately and properly maintained. Issuing of an 

approval order does not relieve any owner or operator of 

the responsibility to comply with the provisions of these 

regulations or the State Implementation Plan or other 

local, state and/or Federal requirements. To accommodate 

stage construction of a large source, he may issue an 

order authorizing construction of an initial stage prior 

to receipt of detailed plans for the entire proposal 

provided he is satisfied through a review of general 

plans, engineering reports and other information that the 

proposal is feasible under the intent of these 

regulations. Subsequent detailed plans will then be

processed as prescribed in this paragraph. For phased 

construction projects the determination under paragraph 

3.1.8 shall be reviewed and modified as appropriate at 

the earliest reasonable time prior to commencement of 

construction of each independent phase of the proposed 

source or modification.

3.1.5* Approval orders issued by the Executive Secretary 

in accordance with the provisions of this subsection 3.1 

shall be reviewed eighteen months after the date of

issuance to determine the status of construction, 

installation, modification, relocation or establishment. 

If a continuous program of construction, installation, 

modification, relocation or establishment is not 

proceeding, the Executive Secretary may revoke the 
approval order.

3.1.6* The following information, where applicable,

should be submitted with the notice of intent:

A. A description of the nature of the process(es) 

involved; the nature, procedures for handling and the 

quantities of raw materials; the type and quantity of 

fuels employed; and the nature and quantity of finished 

product.

B. Expected composition and physical characteristics of 

effluent stream both before and after treatment by an air 

cleaning device, including emission rates, volume, 

temperature and concentration of air contaminants.

C. Size, type and performance characteristics of air 

cleaning devices.

D. Location and elevation of the emission point and other 

factors relating to dispersion and diffusion of the air 

contaminant in relation to the emission to nearby 

structures and window openings, and other information 

necessary to appraise the possible effects of the 

effluent.

E. The location of planned sampling points and the tests 

of the completed installation to be made by the owner 

when necessary to ascertain compliance.

F. The typical operating schedule.

G. A schedule for construction.

H. Any plans, specifications and related information 

which are in final form at the time of submission of 

notice of intent.

I. Any other information necessary to determine if the 

proposed source or modification will be in compliance 

with these regulations.

3.1.7* The following are exempt from the notice of intent 
requirement:

A. Fuel-burning equipment, in which combustion takes 

place at no greater pressure than one inch of mercury 

above ambient pressure, with a rated capacity of less 

than five million BTU per hour using no other fuel than 

natural gas, or LPG or other mixed gas distributed by a 

utility in accordance with the rules of the Public 

Service Commission of the State of Utah, unless there are 

emissions other than combustion gases.

B. Comfort heating equipment, boilers, water heaters, air 

heaters and steam generators with a rated capacity of 

less than one million BTU per hour if fueled only by fuel 

oil numbers 1 - 6.

C. Emergency heating equipment, using coal or wood for 

fuel, with a rated capacity less than 50,000 BTU per 

hour.

D. Exhaust systems for controlling steam and heat that do 

not contain combustion products.

E. New parking areas of less than 600 vehicles capacity 

or modified parking areas increasing capacity by less 

than 350 vehicles.

F. Emissions of l,l,l-trichloroethane, methylene 

chloride, trichlorofluoromethane, 

dichlorodifluoromethane, chlorodifluoromethane, 

trifluoromethane, 1,1,2-trichloro-l,2,2-trifluoroethane, 

1,2-dichloro-1,1,2,2-tetrafluoroethane, methane, ethane, 

and chloropentafluoroethane. However, the owner or 

operator of a source emitting 10 tons per year or more of 

any of these compounds must submit a notice of intent to 

the Executive Secretary prior to construction of the 

source and an annual report of emissions thereafter

3.1.8* The Executive Secretary shall issue an approval 

order if he determines through plan review that the

following conditions have been met:

A. The degree of pollution control for emissions, to 
include fugitive emissions and fugitive dust, is at least 

best available control technology except as otherwise 

provided in these regulations.

B. The proposed installation will be in accord with

applicable requirements of: Utah Air Conservation 

Regulations; National Standards of Performance for New 

Stationary Sources; National Primary and Secondary 

Ambient Air Quality Standards; National Emission 

Standards for Hazardous Air Pollutants; new source review 

criteria; maximum allowable increase and maximum 

allowable concentrations requirements for Prevention of 

Significant Deterioration; the nonattainment plan for the 

area, if the area is classified as a nonattainment area; 

and new source requirements for nonattainment areas under 

the Federal Clean Air Act.

C. The Executive Secretary shall only issue an approval 

order under paragraph 3.6.5, for a major or major 

modification which consumes more than 50% of the 

increments in paragraph 3.6.6, after receiving the 

approval of the Board.

3.1.9* The owner or operator of a source previously

approved under this paragraph who intends to temporarily 

relocate the source (not to exceed 180 consecutive days) 

shall submit a notice of intent to relocate but is not 

required to submit additional plans and specifications 

nor is the Executive Secretary required to submit the 

proposal for public comment prior to approval or 

disapproval.

3.1.10* The owner or operator of a major new source or 

major modification to be located in a nonattainment area 

or which would impact an area of nonattainment must, in 

addition to the requirements in Subsection R307-1-3.1, 

submit with the notice of intent an adequate analysis of 

alternative sites, sizes, production processes, and

environmental control techniques for such proposed source 

which demonstrates that benefits of the proposed source 

significantly outweigh the environmental and social costs 

imposed as a result of its location, construction, or 
modification. The Executive Secretary shall review the 

analysis. The analysis and the Executive Secretary’s 

comments shall be subject to public comment as required 

by R307-1-3.1.3. The preceding shall also apply in Salt 

Lake and Davis Counties for new major sources or 

modifications which are considered major for precursors 

of ozone, including volatile organic compounds and 

nitrogen oxides.

R307-401-9. Relaxation of Limitations.

At a time that a source or modification becomes a major source or major modification 

because of a relaxation of any enforceable limitation which was established after August 

7, 1980, on the capacity of a source or modification otherwise to emit a pollutant, such 

as a restriction on the hours of operation, then the preconstruction requirements shall 

apply to the source as though construction had not yet commenced on the source or 

modification.

R307-401-10. Low Oxides of Nitrogen Burner Technology.

(1) All sources excluding non-commercial residential dwellings shall install oxides of 

nitrogen control/low oxides of nitrogen burners or controls resulting from application of 

an equivalent technology, as determined by the Executive Secretary, whenever existing 

fuel combustion burners are replaced, unless such replacement is not physically 

practical or cost effective. The request for an exemption shall be presented to the 

Executive Secretary for review and approval.

*(2) Contingency Measures for Ozone Nonattainment Areas abd Salt Lake and Davis 

Counties. [Not approved into the SIP.]

Footnote:

*EPA did not address the renumbering of rules R307-401-1 through R307-401-8, R307-

401-10(2), and R307-401-11 in the above cited action. Therefore, R307-1-3.1.1, 3.1.2, 

3.1.3, 3.1.4, 3.1.5, 3.1.6, 3.1.7, 3.1.8, 3.1.9, and 3.1.10 remain in the federally-approved 

SIP.

Date shown in the adoption date field is the effective date and not adoption date.

Prior EPA action on this rule occurred on 5/5/95 (60 FR 22277).